Thatcher v Northern Beaches Council [2022] NSWLEC 1196

Land and Environment Court New South Wales

Medium Neutral Citation: Thatcher v Northern Beaches Council [2022] NSWLEC 1196 Hearing dates: Conciliation conference on 25 March 2022 Date of orders: 14 April 2022 Decision date: 14 April 2022 Jurisdiction: Class 1 Before: Gray C Decision: The Court orders that: (1) The Appeal is upheld. (2) Development Application No. DA2021/0953 for subdivision of Lot 2 DP18022 at 52 Abbott Road, North Curl Curl into two (2) lots is determined by the grant of consent subject to the conditions of consent in Annexure A. Catchwords: APPEAL – development application – demolition works – Torrens title subdivision – construction of new off-street car parking – conciliation conference – agreement reached – orders made Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7 Environmental Planning and Assessment Regulation 2000, cl 55 Land and Environment Court Act 1979, s 34 Standard Instrument (Local Environmental Plans) Order 2006, cl 8 State Environmental Planning Policy (Resilience and Hazards) 2021, cll 2.10, 2.11, 4.6 Warringah Local Environmental Plan 2011 cll 2.6, 4.1, 4.3, 5.21 Category: Principal judgment Parties: Leigh Thatcher (First Applicant) Wendy Thatcher (Second Applicant) Northern Beaches Council (Respondent) Representation: Counsel: M Staunton (Applicants) J Simpson (Solicitor) (Respondent)